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Casey Anthony 35, Us 25, Florida 17, Casey 11, Baez 8, Shannon 7, Michigan 7, Bob Massi 7, Washington 6, Obama 6, Islam 6, America 5, Texas 5, Phil Keating 5, Rick Perry 5, Herman Cain 5, Orlando 4, Circumstancial 4, Iowa 4, U.s. 4,
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  FOX News    Americas News Headquarters    News/Business. Analysis  
   of the day's news. New.  

    July 3, 2011
    12:00 - 2:00pm EDT  

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bloige should be doing. they should preserve evidence, photographing evidence, documenting evidence so you can make an intelligence and just decision so you can have the evidence you need to the evidence you need to carry out and answer any questions as to what was in this garbage? what chemical compound come out of it? they went out and did the air test six weeks later from this. how absurd. how outrageous. how unjust could that be? now, one of the things that i will point out to you in much more detail is the issue with the computer. i will get into the detail of the state, the heart of their premeditation as they call it. having to do with what you
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heard and how you were misled in a certain direction. i will get back to this. this will affect their quality of their case, like a cancer you will have no a terptive but to render a verdict of not guilty. i think this is a good stopping point. >> okay, ladies and gentlemen of the jury. we are going to recess for lunch at this time. please remember do not discuss this case among yourselves nor with anyone else. additional instructions behalf of the state or defense? >> no, sir. >> okay. we be in recess. >> i'm shannon bream live in washington. you have been watching the case anthony murder trial. prosecutors and attorneys in
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this case are getting one last chance to make a case to the jury. closing arguments are underway right now. we're on a lunch break. the defense will continue after that. casey anthony's fate will ultimately be in the hands of the jury. phil keating is live outside the courthouse in orlando with the very latest. hello, phil. >> reporter: hi. that is a strong presentation trying to raise reasonable doubt by jose baez, the lead attorney for casey anthony. he offered up a big poster board showing all of the people who testified they smelled decomposition in the drunk. buff next to that he put up ten more photos of people right around her car who never smelled anything. from the lady who ran the amscott check cashing place who first reported that the car was abandoned there and got the tow truck to come out and get it. to the cops that responded to the anthony home on the night of july 16 when there was so
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many police on the scene and cindy anthony was calling 911 three times. she, too, saying that it felt like a damn dead body has been in the car. mason, the second defense attorney for casey anthony is going to finish the defense's closing argument after we have our lunch break. it will probably be an hour-long lunch break. the judge is giving each side four hours to make the closing arguments. this is critical at the closing argument, especially for jose baez. biggest trial of his life, of his career. he is getting to get the jury to think maybe george anthony had some sort of complicity in this. one of the strongest sound bytes he had, one of the strongest quotes in his presentation was if the state of florida spent as much time
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tracking whereabouts and actions of casey anthony's father perhaps we'd have a few more questions apsed as to all of the circumstancable evidence that is weighed against his client, casey anthony. it's entirely circumstancable case. it begins with ashton, the state prosecution team presenting a succinct timeline and scenario indicating that casey anthony killed her daughter caylee. take a listen. >> on that morning, casey knew she would not be staying at that house. neither would caylee. because she knew that that night she would be in the arms of her boyfriend. and that caylee would be dead. >> reporter: throughout much of jeff ashton's preppation as he talked about caylee
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decomposing in the car, while her mother casey anthony was out at blockbuster with her then boyfriend renting a movie for their big romantic date at his apartment. jeff orbton saying in all likelihood her daughter caylee was in the moment decomposing in the drunk of her car. casey anthony, she was very emotional in a bunch of this. she was crying. you could hear her sobbing and she shook her head no when jeff ashton outlind how he feels the jury should find casey anthony guilty of first degree murder, premeditated muer. one of the crucial elements of jeff ashton presentation is three pieces of duct tape were found with caylee anthony's remains. not just one, but three. layered over each other. jeff ashton told the jury there is only one reason to do
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that torque suffocate her. that is why he says there is premeditation he, which is why he is arguing that the jury should find her guilty of first degree murder. they also saw full screens on the monitors inside. photographs taken from the woods where caylee was found, including that little t-shirt that was in tatters which originally said, "big trouble comes in small packages." shannon? >> phil keating, thank you so much. you have been on this around the clock. we'll check back in with you and the recess right now. as it gets underway, we'll check now. joining us now with a bit more analysis, criminal defense attorney joseph viacava. welcome today, sir. i want to start asking what is your impression from what you have heard from both sides so far this morning? >> well, the prosecution did an excellent job of outlining their case in a methodical organized manner which is helpful for jurors. the defense lawyer has his work cut out for him to explain all the inconsistencies in the
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client's story and his defense. >> of course, as he pointed out, the burden is on the prosecutors they have to prove the case beyond a reasonable doubt. do you think the defense has done a good enough job of demonstrating areas of doubt that would convince one if not multiple jurors not convict casey anthony, at least on the biggest charges? that is the strategy and what he is trying to show the jury, don't look at this as a totality. trying to go through each piece individually. show the problems with each piece. and then collectively say well, the pieces don't fit. there is your reasonable doubt. if one juror goes with him, he has a goal of a hung jury and mistrial. >> everybody looks at the number one premeditated murder issue. but there are other charges here. it's possible that casey anthony doesn't get convicted of that or a capital crime but is convicted of lesser crimes and spend system time in jail. >> correct. usually it's a compromise verdict.
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with this strategy, the prosecutor wants miss anthony convict on all charges and the defense says she didn't do that. if the jury comes up with lesser charges, that's a compromise most them, but factually speaking it should be all or nothing. that is what both sides are going for. >> how did it impact the defense's case that she never took the stand in the trial? that she or they made the decision, and the judge is thorough asking her you understand this is your decision whether you go on the stand. how do you think it impacts the case for the defense as a positive or negative? >> asa criminal defense lawyer that is the hardest decision in every trial to put the client on the stand. the jury is instructed to not hold it against her but people think if i was accused of a crime like that, i would take the stand. overall, i agree with his decision. he has the case as best as he can get it. if he put it on the stand it's so riddled with problems and her explaining her lies, he did the conservative decision,
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to keep her off the stand and keep the argument for jury they didn't prove the case. >> they are not supposed to factor that in their decision but itly they're human beings like all of us. how do you think with the jurors, what does it communicate to them? >> again, every juror, especially though they are not supposed to, they use their own experiences and common sense. most people say if i was charged with such a gruesome crime and i didn't do it, i would take the stand. but the lawyers and the judges do an excellent job of instructing the jury that you cannot take it in account. every criminal defense lawyer knows they are thinking about this. hopeny the defense along the way repeats it to the jury. you set it up when you select a jury and throughout the trial. hopefully mr. baez will comment to not hold it against my client there are legal reasons for her not taking the stand. what is the purpose of her taking the stand? you have heard all of our
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evidence and the state's evidence and she doesn't add anything to it. that's a good way to say we are not hiding anything from you and don't hold it against her that she didn't take the stand. >> are there special or different pressures op this jury? because we are talking about holiday weekend going to a holiday. they could begin deliberating today and tomorrow. does it impact their deliberations at all? >> i think it does. they have been cooped up for six weeks, away from their families and jobs and a holiday weekend. they realize the severity of their decision. not a complete factor. do they want to get to their family? yes. but i don't think they'd convict someone who they thought was innocent or vice versa. too important of case. >> thank you for weighing in with your expertise. we appreciate it. >> my pleasure. good afternoon. >> all right. now look at other headlines with less than a month to go before congress reaches its august 2 deadline, leaders
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took to the sunday airways to make their case. what did they say about how negotiations are going to play out? ste centanni has details. >> verbal slap today, slap in the face today at the obama administration from key republican who says the president does not have some kind of constitutional advantage in the current showdown over the debt. the treasury secretary tim geithner invoked the 14th amendment of theconstitution recently suggesting that a debt limit is invalid. the amendment says in part that the validity of the public debt shall not be questioned. when asked about that, i on "fox news sunday" this morning, senator john cornyn of texas made it clear what he thinks. >> that is crazy talk. it's not acceptable for congress and the president not to do their job and say somehow the president has the authority to then basically do it by himself. we ought to sit down and work together. >> of course, the is another issue as well.
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>> cornyn didn't dismiss the idea of a mini deal but he does like it. president bill clinton said yesterday, if i can find the quote, he said just last night at an aspen ideas summit in aspen, colorado, maybe the democrats ought to accept the idea of a mini deal. according re -- cornyn reacting to that saying we have a maxi problem and all it does if you accept a mini deal is delay the moment of truth. meantime, senator john mccain invoking prevailing republican principle of no tax hikes. that the president idea of closing the tax loophole doesn't amount to much. >> if we did those things we stalk about, they would have a small impact. but the principle of not raisingtaxes is something that we campaigned on last november. result of the election was the american people did not want their taxes raised and they wanted us to cut spending. >> to let you knw the congress shortened the recess,
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the fourth of july recess to deal with the looming debt crisis. the treasury department warned that the debt ceiling isn't raised by august 2, the u.s. could begin to default on the debt raising havoc with the economy. back to you. >> steve centanni with the latest. thank you. well, that wildfire in new mexico is threatening the sacred sites. more than 1600 wildfires battled the flames as the fire edge closer to the reservation. thousands were forced to evacuate a nearby nuclear laboratory and a town. the los alamos fire is now the largeest in new mexico history with the dry weather and heavy winds making it harder to control. officials in montana are working to clean up a large oil spill. as much as 1,000 barrels spilled in the yellowstone river friday after chon-mobil pipe burst. hundreds have been told to evacuate as the 25-mile plume moves through their area. exxon-mobil says it regrets
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the release. rick reichmuth is in the weather center to look at the holiday weekend forecast. how is it shaping up? >> not that bad really for anybody. no big severe weather. the heat has broken a little bit across the northern tier. where it has been so hot across the northern plain, back in the 70s or 80s or so. today we have problembes across the northeast. you can see the showers cutting across new england and the coast. we will se more this afternoon. tomorrow for fireworks and the parties for the fourth of july, across the east coast looking good. some of these showers will cause flooding. you can see the dots of blue popping up. moisture to make its way up to the four corns and fire we talked about, that is good news. we have want humidity levels up. a purr cursor of the monsoon -- precursor of the moon soon season about to get going here. we have wet weather across north dakota and that shouldn't cause any big problems for us. as far as anything else goes,
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the heat across the south. people are sick of it in texas. 101 again today. yesterday, phoenix got to 118. it's the highest they have been since 2006. so, they are going to cool down a little bit. down to 106. that will be a nice break for them. >> it's a dry heat, right? >> exaly. >> thank you for the update. >> sure. >> well, the g.o.p. presidential field has another contender. congressman thaddeus mccotter. we'll take a closer look at the michigan representative and how his candidacy affects the republican field. from new candidates to potential candidates, what would the addition of texas governor rick perry to the 2012 field mean? perspective from the political panel after this break. sweetie i think you need a little extra fiber in your diet. carol. fiber makes me sad. oh common. and how can you talk to me about fiber while you are eating a candbar? you enjoy that. i am. [ male announcer ] fiber beyond recnition. fiber one.
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another candidate is elbowing his way in the crowded g.o.p. presidential fid. michigan congressman thaddeus mccotter is the lateest to run for the republican party nomination for president. peter doocy joins us live with more on the long-shot candidate and latest on the rest of the g.o.p. pool. >> it's interesting, congressman mccotter was nobody's first choice or second choice for president in the latest fox news opinion dynamics poll but it could change since the poll was taken before he officially announced his candidacy, because that didn't happen until last night, about 30 miles away from diet in whitmore lake, michigan. >> so with your support and the support of anybody who will march beneath or beside the banner of the republican party, i look forward to working with you, to ensure once more through unfathomable grace of god and the virtuous view of free people, our free republic will be a virtous, prosperous, compassionate
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inspiration. >> after making it official, mccotter rocked out the chuck berry with his american flag guitar seen here. he really got into it. you can see he is pretty good. mccotter is now in his fifth term inthe u.s. congress and on the website he had five core prescription approximatelys, things that describe him the best. number one, our liberty is from god, not the government. number two, sovereignty is in our souls, not the soil. number three, our security is from strength not sur render. four, prosperfy from the private sect not public sector. number five, truths are self-evident not relative. mccotter's competition has been crisscrossing iowa this weekend. yesterday, congresswoman michele bachmann kicked off a bus tour and today she is attending several events as well. businessman herman cain also business. he has a meet-and-greet at godfather's pizza. and up forth, another early voting state, jon huntsman will be in new hampshire and
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will go to independence day party in manchester. >> not a bad assignment to cover the godfather's visit. slice on the side. >> it might be. >> peter, thank you for the update. many of the 2012 republican candidates for president spend a lot of time going after president obama, really not so much the primary after each other. is that strategy going to pay off? joining us now to discuss our former senior council for the senate judicial committee, sherrylib. and former advisor to lee, penny. welcome. let's talk about the field now. we have a recent fox poll to give us a look at what the viewers and the potential voters think about where the candidates come down. we have romney at the top with 18%. followed by rick perry, someone not in the race, though he is thinking about it it. michele bachmann strong third now that she is officially in talk about rick perry. second in the poll and he is not officially in. >> a lot of the early polls,
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demonstrate the name recognition. that is what rick perry has. he is up with of the longest serving governors that served in in the state of texas, also from the country. from a large state republic. chairman of the governor association. he moves himself around. he is in the know. so people want to say, you know, they know who he is and they recognize his name. that is a lot of the early lift. there is a poll from cbs and others who show two-third of republicans don't like the field as is it so they are searching for someone to come in. >> is that why he polls so well? he's not in the mix. then he gets in and we learn more about him and there is not as shiny to voters. >> i agree with penny on the fir part. he is getting out and has the name recognition. at this point, the voters are looking for people with the
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specific experience. it is someone with executive experience and someone with experience running something. a state. corporate experience. the experience is running a fairly large state. one of the larger states in the country. he brings that cache to the race. >> why isn't tim pawlenty doing better? he had decrept fundraising dollars but can't get anywhere in the polls. >> a lot to mow me tum and enthusiasm. he is a wonderfully nice perp. minnesota nice curse if you want to say. he tried to go on the attack
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and make the differential, with obamneycare and then he retreated. the base is looking for red meat and more firmness to what they stand for. so tim pawlenty is again, a very nice perp. he was an effective governor. but i'm not sure it is translating to the crowd. >> not going after ooch other. in the g.o.p. field. >> the reason they are not going after each otr, so much to go after the current president about. we have 9.1 unemployment. this man spent $6 trillion in 2-1/2 years. that is more money than george w. bush spent with two hurricanes, rita and katrina, two wars and 9/11. you know, americans want to see what are you doing with my money? what are you doing? 9.1 unemployment. we have a continuing housing crisis. voters want to see what can an
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alternative candidate off and see what the plan is. >> they have plenty of material you're saying for current administration. >> plenty! >> let me say that i think it's at their own peril to think they can win by saying i am going to take out obama in one term. that is where the miles per hour people look for the genuine solutions going forward, to move the economy forward. >> talk about newt gingrich. there was a lot of hype of him getting in the field. people were interested to see what he will bring to the table. he has stumbles up front. he hasn't reported to the fundraising numbers for latest quarter. what do you think the inside of his campaign is like at this point? >> i don't know who is left of the campaign. his fundraisers left, his main campaign manager left. i don't know who is running the campaign because newt. these are important questions. >> interesting to see numbers. somebody else is popping up in
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a third and fourth position in the polls and fundraising numbers for now until we get everything is herman cain. he resonates a lot with people. he doesn't have the government experience but he has ban chief executive. why do you think he connects with people so well? >> he is a little differentia differential. he delivers frank talk. not all is poll tested or from what consultants think this is the perfect sound bite. they want in the next president someone to relate to, george w., someone to have a beer with. they look for authenticity and herman cain delivers that with the frank, blunt honest talk he has in debates. he has done well for himself. >> i have known herman cain a long time and i was a spokesperson at the rnc in 2000. he was one of my surrogates. fopped of him then and now. he has an amazing stir. grew up in segregated south just like my father.
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his experience is what people are looking for. his net payroll every week. we need someone like that to understand what it means to meet payroll and make the cuts where it needs to be made. we have not seen it in the president. >> thank you for giving us part of the holiday weekend. >> happy fourth. >> you too. this sum her be extra special for parents of military parent in mississippi. we will tell you about a chance to experience life on military base and bond with other children. live report next. naturals from delicious, real ingredients with no artificial flavors or preservatives. naturals from purina cat chow.
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>> shannon: prosecutors and defense attorney get one final chance to sway the jury in the casey anthony trial. peter doocy has the top stories. afterwards, defense will finish closing arguments. earlier today, prosecution said that casey killed her daughter because she didn't want to be a parent. she is charged with killing her three years ago and dumping the 2-year-old body in the woods. senator lindsey graham is criticizing the way that president obama is handling the troop drawdown in afghanistan. appearing on sunday sunday with special guest host shannon bream graham accused the president of not listening to his generals and putting forward a withdrawal schedule too aggressive. crews in montana trying to mop up an oil spill in the yellowstone river. exxon-mobil pipeline leaked
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1,000 barrels of oil yesterday before it was shut down. the clean up crews are deploying booms and absorbent material to soak up 25-mile plume as it moves downstream. quebec evident to plan to protest on another stop on wince william and his bride kate tour of canada. yesterday in montreal, a small group booed at the newlyweds, but the protesters were heavily outnumbered by the fans. top stories. >> shannon: how can you boo them? they're newlyweds in love vitting the world. >> that would be a real drag if people booed -- >> shannon: i'm sure they were prepped for it. thank you, peter. for moreon the top story, the casey anthony murder trial, going live to phil keating ouide the courthouse in orlando. with the latest. we are on a lunch break now. what can we expect when the court is back in session? >> 1:30, we will return to closing argument. i expe jay cheney mason, one of the top two defense attorneys for casey anthony, a
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man with the beard, salt and pepper will present his part of closing argument after that, the state will get the rebuttal. this morning, the assistant prosecutor jeff ashton painted casey anthony 25 years old as a premeditated killer. she shook her said no, she cried. you could hear her somebodying in the emotional allegations made against her. one of the pieces of video emotion almostly was the videotape taken with casey anthony on the floor holing up caylee. take an year before caylee died. some of the most tender evidence in the trial when a young mother and her young little girl. of course, caylee anthony ended up dying and being found in the woods in dition of 2008. according to prosecutors it was premeditate murder.
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>> shannon: you mentioned evidence that was allowed in. was there something the defense wasn't allowed to present? what was that about? >> the big opening statement by jose baez when she had the bombshes, not only was it accidental drowning but also all of the lies that he knew casey anthony couldn't dispute, they were because of the sexual molestation and the home life that was dysfunctional. but the judge said prior to closing argument he wouldn't allow evidence -- not even evidence. not going to allow the shame by jose baez that casey anthony was molested by her father. and/or her brother since the judge ruled none of that was supported by in evidence this trial. >> shannon: all right, phil. we know it has been a long slog for you. thank you for sticking around. we'll check back with you shortly. >> okay.
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>> shannon: all right. children of military parents are getting a chance to see what life is like on a base thanks to a camp in mississippi. they have had the opportunity to experience military training and bond with other military children as well. david lee miller has more from new york. hi, david. >> hi, shannon. it is not your usual summer camp. for one week each year, kids in mississippi who have parents or relatives in the air national guard or army national guard can attend what is billed as the kit eag annual training. they eat in bar ranks and the mess hall and they learn how to make and get up clos look at the military weapon and gear. emily, whose dad is in afghanistan, says the camp is more than a good time. >> it is really fun. i enjoy doing it and meet new people. it teaches me how to march and what he does. when he is out, when he is deployed. >> campers are between nine and 12 years old. the program provides
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reassurance that loveed ones serving overseas are safe and well looked after. the program director says it allows kids to make friends with other kids from military families. >> the camp is all about building teamwork and team building. but it's also about having that common bond of having deployment that other children here that have deployed parents or grand parents or siblings that are deployed. they have a common interest. they don't feel like nobodies up what is they are going through. >> other states have similar programs where family sevenning in the national guard while kids' annual training ended yesterday at mississippi camp shelby, many will likely return next year. officials also say a number of campers later in life decided to join the military. >> shannon: interesting. david lee miller, thank you so much. the treasury department says the u.s. will exhaust its borrowing capacity in less than a month. is it time for congress to raise the debt ceiling? we're going to talk to a
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lawmaker who says we need action now, before it's too late. every day you live with the pain of moderate to severe rheumatoid arthritis could be another day you're living with joint damage.
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fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. make today the day you talk to your rheumatologist. and ask how you can defend against and help stop further joint damage with humira. ♪ ♪ >> shannon: president obama is calling on congress to make a deal before next month's deadline to raise the debt ceiling. in his weekly media address, the president said, "nothing to k be off-limits" in the budget debate. mr. obama says every tax break and federal program must come under scrutiny. the republicans use their address to renew the
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opposition to tax increases. august 2, that is the day we're talking about, the treasury department says the u.s. will exhaust the borrowing capacity. what is done on capitol hill ahead of that deadline which is almost here? let's ask vermont democrat, peter welch, one of the lawmakers leading the charge for clean extension of the debt limit and joins us to talk about where we stand. thank you for your time today. >> good to be here. >> shannon: talk about where we are now. the recess cut the holiday short. house back at work as well. what are the hopes of getting something done and making progress on negotiating a deal? >> well, there is two issues. this is what the american people need to understand. one is do we pay our bills or do we default on our debt? that is going to happen on august 2. and we can not allow america for the first time in its history to default. the consequences are enormous. the second issue is equally important, getting a long-term
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solution to restore fiscal balance. there is a big debate. in my view, we should have balanced cuts and balanced re-knews, but what we can't do is policies generally do, use the leverage available at the moment, the debt ceiling and overplay our hand to the point we go in default. if we default, let's say the interest rates spike as they do, 1% increase, the interest rate that taxpayers have to pay on the debt is $160 billion added to long-term debt. dangerous game. >> shannon: we are a month out at this point and we know there is back timing to that. legislation has to be written and drafted and the votes have to be taken. what is the truly the drop-dead deadline for negotiating out the content of the deal? >> secretary geithner says august 2 is the drop-dead date, where we have to make decisions of who we won't pay. everything i read it would take one to two weeks to draft
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a bill after an agreement. then normally you have disputes that arise because the difference between what people thought they agreed to and what is on paper emerge. the request you ask is a good one. when we had negotiation about keeping the lights on in government, it went to the midnight hour. if we turn the lights off for an hour or two, it wouldn't catastrophic, it would be convenient. but we could get through it. if we create anxiety in the market, aing xity about whether we pay our bills, the market will turn and sudden and savage. the damage will be lasting. that will hurt whether you have a democratic position on revenue or republican position on cuts. we'll lose. >> shannon: you talk about the continuing resolution. folks will remember we had the
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short term funding to keep it going. now people float the idea of coming to a short-term deal on the debt ceiling. something that extends us six or eight months until a longer-term deal is hammered out. for or against a mini deal? >> i'm for anything that avoids default pretty much. whatever your position is for the long-term resolution, whether you think it's all cut or mixture of cut and revenue. if we default, markets will punish everybody, republicans, democrats and independents alike. if we pay for long-term step going forward, short-term is better than deup at the. >> shannon: on the or side of the hill, colleagues on the senate. every republican there signed on to something that would put together a balanced budget amendment, hoping to ward off this thing in the future. they don't have a single democrat on board at this point. would you support a jose like
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that? >> -- measure like that? >> i wouldn't support the measure. that is a political hail mary pass. that calls for balanced budget but requires 60% or two-third vote for any taxes there is no way to have the flexibility you need to make responsible decisions on budgeting. what i see is that it's a political gamble to divert attention from making the tough decisions that the republicans and the democrats together have to make about getting our country on a long-term fiscal stable path. >> shannon: all right, congressman peter welch, we appreciate your sharing part of your holiday weekend with us and hope off wonderful independence day. >> thank you very much. >> shannon: well, montana senator max baucus tied the knot with melanie haynes by a ranch run by the family in 2009, he recommended her for montana u.s. attorney which caused a scandal due to their relationship. this is the senator's third marriage. i am guessing no honeymoon
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right now because of the debt ceiling issue. president obama preparing for his first ever twitter town hall. that town hall will take place wednesday in the've room with the president taking questions on jobs and the economy. those questions will be selected by the twit core founder jack dorsey. president obama is no scrapeger to social networking. he used youtube and facebook to reach out to the fellow americans congressman in michigan is harnessing the power of social media to explain each and every one of his votes. fox steve brown tells thus is a facebook friend whose status updates are worth reading. >> i explain every decision i make. >> you will find the 400 votes he has cast in the house since being sworn in, in january. >> when a vote comes in, i put my card in and press yes or no and i go to the ipad which is on the house floor.
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>> that is not the only way he is unique. the "washington post" vote data base indicates the michigan congressman is next to last when it comes to voting with his fellow house republicans. in an interview conducted via skype, we asked about that. >> have you spoken to member of the caucus? >> asking what are you doing? why are you doing this? >> i talk to members of the congress about this. we discuss the reason for the vote. >> is up their approach to things and they respect mine. >> he adheres to the constitutional principle of limited government. where he sees the republican party going too much in to expenditures or being too compromising on principles, then he votes against the party. >> which sometimes involves him voting present instead of yes or no. an example is one a bill to defund national public radio came to a vote. he does not think it's constitutional for federal government to subsidize any
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speech. but voted present on the bill because it singled out npr. >> when we write a law and defund one organization doing something, we defund all organizations doing the same thing. >> read all about the yes, no, present vote on the facebook page. which some suspect he might rely on too much. >> many districting, his is up with of them where you have older voters that don't look at facebook all the time. >> going forward, more and more people will find it easy to do this and put explanation on facebook. i think i'm a trend-setter in the sense. >> so far, it's a trend of one. with the safe g.o.p. district at home and what they like is the performance in congress. he is free to continue facebooking away on the house floor. steve brown, fox news.
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>> shannon: many of you are hitting the roads this holiday weekend but have the high gas prices changed your travel plans? we take a closer look after this break. the more we loved it. took some wild risks when i was young. but i was still taking a risk with my cholesterol. anyone with high cholesterol may be at increased risk of heart attack. diet and exercise weren't enough for me. i stopped kidding myself. i've been eating healthier, exercising more, and now i'm also taking lipitor. if you've been kidding yourself about high cholesterol, stop. along with diet, lipitor has been shown to lower bad cholesterol to 60 percent. lipitor is fda approved to reduce the risk of heart attack and stroke in patits who have heart diase or risk factors for heart disease. [ female annncer ] lipitor is not for evyone, including people with liver problems and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if y are taking other medications or if you have any muscle pain or weakness. this may be a sign of a rare but serious side effect. lets go... haha.
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if you have high cholesterol, you may be at increased risk of heart attack and stroke. don't kid yourself. talk to your doctor about your risk a about lipitor.
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>> shannon: the holiday weekend is in full swing and many of you are hitting the roads. gas at $3.56 per gallon of regular gas, will people change their plans? joining us is brenda buttner. hello. >> the fourth is traditionally all about independence for americans. get- away weekend for travelers to get away from home many by car. but did higher gas prices put the brakes on the plans? nationwide, triple-a projects that auto travel will decline by nearly 3% this holiday
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period. still, five out of six travelers will drive to their destinations. some 33 million people. but that is about a million fewer than those who drove last year. pain at the pump gets the blame again. even though the gas prices have been declining in the past month, they are about 80 cents per gallon more costly than a year ago in most of the country. but not all travelers are grounded. the number of those taking to the skies expect to increase by more than 9%. slightly more than 3 million travelers will fly this weekend, as theair travel continues to take off since the slowest years for flying in the past ten. 2008 and 2009. now all of this is more expensive. triple-a says most holiday travelers will face increase in air fare, hotel rate and car rental rates. airfares, up, up, and away by 11% over last year. hotel rates higher by 3% from a year ago. how do travelers make up for
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the bigger ills? they're not driving as far. thearm distance traveled by americans this independence day weekend is 573 miles down 7% from last year. spending will be up. fueled in large part by the gas prices, increase of 25% over last year. so how about you? are you traveling by car, plane or just staying home in what impact did higher gas prices have on your plans? e-mail us your apss to newshq newshq@foxnews.com, and we'll read responses in the next hour. looking forward to hearing from you. >> we always do. thank you so much. see you next hour. reality show craze is spreading to a unique frontier. coming up, we tell you about evidents to make islam relevant to the young people. that report is on the other side of this break. hey, the new guy is loaded with protein!
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>> shannon: the reality show craze has spread to southeast asia and to religion. producers are trying new ways to make islam more relevant to that nation's young people. >> this is the modern face of israel in malaysia. young imam is a must see tv program for young muslims in this progressive southeast asian country. a mix between "american idol" and the apprentice as ten well dressed young muslim men
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compete to show they are the best young religious leader in the country. skills in a variety of tasks ranging from singing, leading prayers and even preparing unclaimed corpses for burial. they want to make it entertaining but also want the muslim youth in ma yaizi malayo relate to islam. >> i said to myself this is something that the imam can improve. i decided hey, why don't we do a reality program based on this imam. >> having got the blessing of the religious authorities they pressed ahead with the t.v. program. the creators were keen on connecting the young muslim men as they are concerns some are turning away from islam. >> the young imam program is trying to make islam more relevant to people in malaysia
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who could otherwise turn to illegal drugs or be radicalized. >> al-qaeda groups have recruited in malaysia before and they continue to watch to see if they are still trying to influence youth now. they believe the muslims can't find peace with other religions. >> what we want to bring is something that brings harmony, connects people. >> the young imamt.v. show has connected people so much so that is new series is now being broadcast in the t.v. studios with a more international look including contestants from neighboring countries such as singapore. this time, contestants need to show skills and understanding of modern day subjects such as engineering and the stock market. during the new series there men reports that young were also going to go out into the jungle and preach to people
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and try to convert them to islam. that proved too controversial in a country with sizeable populations who poll other faiths. it was quietly dropped from the show. it is shown as an example of how modern islam can be successful. there is a delicate balancing act with some conservative forces in the country to push for stricter shereeia law to be enforced and they often get their way. the young imam program has shown that muslim ks embrace their religion and influence the yng who could otherwise follow a different path. david piper,ing fox news. >> shannon: i'm shannon bream live in washington for the second hour of america's news headquartering. and this is a fox news alert. it is judgment day for casey anthony. the court is current in a lunch break. when that ends in a half hour the defense will finish its closing argument. phil keetinphil keeting is keae
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the courthouse with the latest. >> the jury has been equesterred for six long weeks. they began in the month of may and now it is the fourth of july weekend but it is all work for this jury and the prosecutors as well as casey anthony's defense team. the morning began with the prosecution presenting its case. they showed they had a lot of allegations painting her as very evil and casey anthony was shaking her head. she was sobbing even at some point as the jury saw some graphic images of little caylee's skull. they also showed one of the tender pieces of video presented during the entire trial. that would be of casey anthony and caylee lying on the floor playing together and that video was taken about a year before little caylee died. the prosecutor basically painted casey anthony as a
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selfish single mother who wanted to remove the one thing that was in her way, caylee marie. >> so on that morning casey knew she would not be staying at that house and that neither would caylee because she knew that that night she would be in the arms of her boyfriend and that caylee would be dead. >> jose baez came out strong in front of the jury. he had poster boards talking about, showing the calendar and the timeline and basically trying to poke as many holes as he possibly can not entirely circumstancial case presented by the state of florida. there is no official cause of death. jose baez hammered on that as well. and he says basically this jury cannot cvict casey anthony here because there are too many things that simply do not add
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up. >> you still have an abun dance of people who did not smell something. this is a reasonable doubt. when you have this many people, this many people who are telling you a certain thing you have to have some doubt. >> that was ten people who arrived not only at the casey anthony and her parent's home on the night of the 911 phone calls, investigators who said they testified they never smelled anything around that car are that smelled like death or decomposition and there are a handful of investigators and other witnesses who absolutely swear that they smelled human decomposition in that car and it was not garbage. however, jose baez, again, bringing up the garbage showing the jury still photos of all of the garbage taken out of the trunk of casey anthony's vehicle suggesting to the jury that t is possible that the
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trash may have caused the smell. bottom line, he is arguing for reasonable doubt and he has got the defense of his lifetime about halfway underway right now. shannon? >> shannon: phil keating live on the scene. we will get back to you. the court is currently in a lunch break. defense attorney jose baez told the jury they shouldn't base their decision on emotion but is that possible at this point because there has been plenty of it in that courtroom. let's ask fox legal analyst bob massy to weigh in. another day of casey anthony getting emotional this morning. sobbing and putting her head down. how do you think that works for or against here with this jury sthvment. >> one of those things when you heard the prosecutor's story you almost think about when a parent catches a teenager and lays out what they did wrong and the emotion comes outnd they say yes, i got caught. assuming the facts were
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accurate as he said it was a brilliant i thought articulate opening. her emotion is too much too late from that perspective because again it relives it and i think the jury is way past that part of it of believing any emotion that she is experiencing and i think it could cut both ways. >> shannon: let's talk about her attorney jose baez opening statement where he talked about things and hinted at things like sexual abuse by her father, casey anthony's father and an accident at drowning and all kinds of things. has he delivered on those or planted enough doubt to get a juror for two to have reasonable doubt about what actually happened? >> trials, shannon, are about per situation and perception. that is really what they are all about whether it be a civil or criminal case. a lot has been made about the fact of what he didn't prove. but i think he sort of pushd that aside on his closing today and just really hit home basically diffusing that saying i didn't have to put on any evidence.
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i didn't have to put on one witness. it is not my burden. and to be honest with you, shannon, that is reall all he could say because he didn't deliver. a lot of people say well, his credibility is in question. let me tell you something, i think the jury is way past that. this jury has sat it there, they understand the case, you are going to see a fire and brim stone rebuttal from the district attorney after this closing from mr. bu baez. >> shannon: still back and forth to go. i want to ask you spif if you cannily about cindy anthony, casey's mother, caylee's grandmother. what did you make of her assertions that she is the one who did the internet searches for chloroform and testimony that she was at work at that point maybe working from a computer that would put her in a different place at a different time. what do you make of her testimony and how the jury will interpret it? >> i think it is an example, shannon, of unconditional love that has been misguided. i think we have a situation herehere a parent many times
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even under these circumstances will do anything to save her daughter. she really sort of fell on the sword. as did the father. and i will tell you, honestly, when i watch this, they keep saying it is a dysfunctional family. i mean they both have fallen on the sword. mr. anthony, you talk about a guy that has take and hit. i mean he has been slapped across the face every way you can. and then insofar as mom, as a father and grandfather, i just -- there is something that bothers me. there is something that bothers me in reference to i remember in the preliminary hearing, shannon, she made a statement and i can't even remember exactly what but she looked directly, directly at casey when she was testifying in the prelim almost saying to her keep your mouth shut. she was responding to a question but she was looking to her daughter. e looks like she is the may
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matriarch, someone concerned about losing a daughter and has lost a granddaughter. i said last week and i don't know how people view this, god forbid if a mother has a suspicion that a father molested her daughter would you be sitting next to that man in a courtroom regardless of the circumstances? i don't get that. and jurors see that. now, is that evidence? no. but remember, perception and persuasion and body language is an important part of these cases. the lawyers have lived with this jury, they know the ones that are with them and against them. it plays a bigger part than viewers can understand sometimes. >> shannon: well, we could soon know what the jury thinks and what their perception was all along because today they could get the case and deliberations could begin. in the short-term, 30 minutes or less we expect them back in for the defense to continue its
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close. we will have you stick around and phil keating as well and check back in with you and judge alex as well. we keep our experts online to know more and understand more what is happening in the courtroom. bob massi, thanks so much. he may be a long shot but that is not stopping michigan congressman thaddeus mccotter. he joins a field already crowded with candidates looking to unseat president obama in 2012. peter doocy with more on the mccotter story and the rest of the pool as well. >> a busy holiday weekend for people who want to be president. if anybody was worryd that none of the gop candidates was going play rock and roll now that vernor huckabee is out. congressman mccotter from michigan is in. the 45-year-old jammed to some chuck berry on his american flag guitar. there you see it. and then he said this. >> and so with your support and the support of anything who will merge beneath or beside
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the banner of the republican party i look forward to working with you to ensure that once more through the unfathomable grace of god and the virt teuous genous of you the free people our people again will be a virtuous, prosperous, compassionate inspiration. >> in the latest poll mccotter finished way at the back of the pack. governor mitt romney was the clear frontrunner when it comes to primary voters first choices, 18%. texas governor rick perry who hasn't even said that he is in yet at 13% and third place congress woman michele bachmann. she is in iowa kicking off a bus tour reminding republicans she is from iowa and relaying her religious beliefs to the point of grace church congregation. >> if we humble ourself and pray and confess our sins and turn away from our wicked ways
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and ask an ai almighty god to e and protect us and fight the battle for us we know from his words, his promise is sure, he will come. he will heal our land. >> also in iowa today along with bachman, herman cain at a godfather's pizza meet and greet. >> shannon: thanks for keeping us updated. turning to international news. syrian military officials deployed tanks around the city of hama two days after large protests against the country's president. the u.s. and european union have imposed sanctions on president assad and his top officials in response to their crackdown on protesters. mrs. clinton brushed aside the libyan leader's warning that he would attack civilians in europe if air strikes
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against his country were not stopped. secretary clinton spoke in spain on the last stop of her tour. nato stepped up attacks on western live yarks including on the capital of tripoli. luxuries are scarce for the rebels fighting quadaffi's forces. one man really does believe that an army marchs on its stomach. >> reporter: libyan rebels don't have military raiks eat on the front lines. to they have something better. hot slices of pizza. made from scratch in a secret location by an assembly line much volunteers. all the ingredients donated by locals. they make huge piles of dough, spread the sauce, add the toppings and bake snawn stop for hours. 500 to 700 pies every single
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day. >> good. >> muhammad moved to sweden from libya ten years ago to open a pizza parlor. he came back to help the opposition the only way he knew how. >> i don't know how to shoot but you know how to make pizza. >> this kitchen is located dangerously close to the frontlines. we can hear the thump of incoming rockets and artillery and agreed not to reveal its exact location because if quadaffi's troops get a fix on this place they will target it for sure. up to seven drivers take great risks to deliver the pizzas to hungry fighters. there is takeout, too. rebels come and pick up the pies at no charge with no utensils necessary. >> it is easy to eat it. >> easy for eating. and they can work and eat. >> eat pizza and fire weapons at the same time. >> yes,y yes. >> muhammaded says they have
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distributed 6 to 8,000 slices a day for 15 days now and will keep making the pies until quadaffi is gone. near the frontlines, rick le levinthal, fox news. >> john cornyn said it would be irresponsible for president obama to present any budget proposal before the august 2 deadline and said there isn't enough time left in the debate to reach long-term agreement on tax reform. august 2 is the deadline for raising the debt limit but chief washington correspondent reports a lot of people here in washington and elsewhere have questions about the date. >> lawmakers could be forgiven for being confused or skeptical about when the u.s. hits the debt ceiling because they were warned it would come much earlier. >> members of congress legitimately have concerns as to whether the august date is a real date or yet another fake
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deadline. >> many believe the u.s. will bump up against the debt ceiling sometime in august but have different views about what that means jshes the u.s. would revenuese enough tax reeve to cover some 56% of its bills. >> permit payments on the national debt interest, social security, medicare and most defense spending. beyond that there would be very little cash left. >> 23 republican senators wrote to president obama a month ago, urging him to develop contingency plans well ahead of hitting the debt ceiling saying "it would not be pleasant operating under a debt ceiling budget and no one is recommending it but it would not be arm g are ma go armagedy would have to sort through bills and decide which to pay. >> there is no legal basis for saying i'm paying you and not you. you can't cut 47% of spending without cutting things that are really important and very
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popular. >> peter argues there is one way for the the government to keep paying all of its bills for a year or longer. >> the treasury can print money and the federal reserve can buy back the cash when it goes into circulation with the portfolio of bonds and keep quite a bit going that way. >> which would add $1.6 trillion in lee way but others way absolutely not. >> if you want to permanently distort our credibility, have the feds start printing money to pay our bills. >> even if there is no deal before the nation hits the debt ceiling most think it would only last a few days. >> i don't think anybody believes that the federal government will not raise the debt ceiling for a long period of time. >> everyone la meants this is what happens to countries that can't control their spending, they face nothing but bad choices. >> they get worse every year. the the longer we don't deal with this problem the worst choices get. >> if you want a sense of where that road leads, take a long look at what is happening in greece. in washington, jim angle, fox news. >> shannon: president obama called on the senate to shorten
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their july 4 recess in order to get work done on the debt crisis. will the extra days of debate make any difference? we will talk exclusively to the ranking member of the senate budget committee senator jeff sessions, live, next. host: coo really save you 15% or more on car insurance? host: do people use smartphones to do dumb things? man 1: send, that is the weekend. app grapgic: yeah dawg! man 2: allow me to crack...the bubbly! man 1: don't mind if i doozy.
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if by the end of this week we have not seen substantial progress then i think members of congress need to scrund we are going to have to start having to cancel things and stay here until we get it done. >> shannon: that was president obama during last week's news conference and he was right, the senate is going be back in session this week. how rare is it for the upper house to cut short its fourth of july recess? the last time it made the move like this was back in 1974 during the watergate scandal.
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joining us, somebody who is here because of that shortened recess. with his take on the debt ceiling and debate is a ranking member of the senate budget committee, republican jeff sessions of alabama. senator, thanks for making time for us today. >> thank you, shannon. >> shannon: how concerned with row that we are a month out from the deadline that the treasury says that is it, we have exhausted our borrowing power? >> i'm very concerned about it. this is one of the most irresponsible congress in our nations history and the president's spending is the most irresponsible in our nation's history. we are heading to a deadline august 2. we should do something before that date. only bad things will happen if we don't. we reached the ceiling, the limit on debt that congress authorized much sooner than we expected. we will have had three years of 1.2, 1.3, $1.5 trillion deficits. stunning, unlike anything we
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have seen before. t has got to be fixed. we have no plan. the white house is -- the talks have fallen apart. we have been waiting on secret talks to somehow make -- settle our problems but congress is the constitutional place for this to be decided. the president should lead and lay out a good proprosal but congress needs to have plenty of time to consider it and every day things are getting closer to the deadline. >> shannon: and i know you have great concerns that there will be some last minute deal jammed together, pushed down congress' throat to get something done with the worries about what happens if you don't. you are going to propose a piece of legislation that would make sure the public knows what is in the bill not you have to vote for it and then find out what is in it. tell us about the proposal. >> a proposal saying we would wait at least 7 days jshes the bill would be on the floor in bill language to be analyzed and scored by the accountants at least 7 days. that is not enough. we should have been working on this all year. we have gone 795 days without a
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budget. we haven't brought a budget to the floor of the senate, the democratic leadership hasn't in two years. this is why one reason spending is so out of control. so i'm really worried about it. and we are not going to rubber stamp something sent down from the white house. we going to need to look at the numbers, how much tabs are being increased from their proposals, how much spending is actually being reduced. will it really get us on a path to prosperity. this is what we have got to do. we are on a path to debt crisis as every witness has told us in the budget committee. debt crisis within two years and it can't -- it has got to be dealt with. i'm really amazed that we are so far behind at the this point. >> and honestly, two the two ss still seem far apart. the president talked about he wants something that includes spending cuts but republicans have to talk about raising revenue so there is the question and the debate about if you close tax breaks and tax
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loopholes is that considered raising taxes because there are republicans on the hill including senator mitch mcconnell and house leader john boehner who say no tax hikes. is closing a tax loophole a tax hike. where do you come down with that? >> i voted to eliminate the ethanol loophole you can so call it. but really fundamentally the american people did not send us here to permanently increase the size of government. in the last two years, on under president obama's leadership, nondefense discretionary spending and all of the general accounts of our government went up 24%. he proposes next year 10% increases for the energy department, education department, state department, 60% increase in the transportation department. at a time we are running the biggest deficits the nation has ever run. so this might fail 97-0 -- his
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budget did a few weeks ago in the senate. we are really -- a lot of our members are in denial. i think the administration is in denial and we are really at a fundamental philosophic decision for america. will we continue t be a government that is lean and productive and efficient and limited, or will we transition to a more european style of larger government that does more and more things and takes more and more money from the private sector. i think it as national issue of great importance. >> shannon: you mentioned some of the things that the president is pushing for, for increases next year in the budget and talked about things like transportation, infrastructure, education. the president says those are things that will create jobs and that is what we need right now. do you take issue with that? >> shannon, we don't have the money. we borrowed numbers from the future. the numbers i talked about did not include the stimulus package. that was almost $900 billion. every bit borrowed. the interest on it will cost us
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$30 billion a yoor for as long as we all are alive. no, we don't have the money to have new increases. the question is where can we reduce spending? we have to look at every possible expenditure, every dime and try to make sure that it is productive to eliminate wasteful spending, even some things that we would like to do need to be delayed or reduced. unfortunately, that is reality. i wish it weren't so. >> shannon: there are a lot of tough choices ahead and we wish the best to you and your kol leaks on both sides of the aisle as you try to get something done for the greater good of this country. >> thank you. we have a lot to do. >> shannon: happy independence joy if you can enjoy it a bit. you are looking live in oarmd, florida, where the prosecution and defense are wrapping up their cases in the casey anthony murder trial. today's' lunch break is about to be over in a few minutes so we will take you back there live for an update, next. for me cheerios is a good place to start.
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>> shannon: this is a fox news alert. we are just minutes away from hearing casey anthony's defense attorney get back to his closing arguments. the court broke about an hour and a half ago tore a lunch break and expected to come back into session shortly. there was a bailiff standing at the door there you see on the screen. it is closed now, signal there is something about to change? we don't know just yet. until then let's discuss the morning developments with judge alex ferrer. he is a former florida circuit court judge. we couldn't have anybody more
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qualified. you join us from outside the trial in orlando. hopefully the police aren't after you sometime. >> they are playing my song in the background. >> shannon: hopefully you can hear us. i want to ask about both sides, how they have done in the closing arguments this morning? >> they have done very well. ashton did a fantastic job. he pieced together a chronological and a very understandable case in his closing argument. he saved a lot for rebut tal. i'm sure we will hear a powerful rebuttal. baez is trying to do what he can to pick apart the evidence that is the strongest. trunkcomposition in the and smell that everybody recognized. he has to go after that. i'm not sure what he meant when pull the everybody's pictures f except georges is. he has to pick it apart because if you throw away all of the
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forensic evidence you still have a lot of people who say caylee's body was in the trunk of that car. it is normal during closing arguments for the sentiment to sway. strong for the prosecution in the beginning and coming back when the defense starts making their point. the prosecution gets a chance to slam that shut on the rebut tal. >> shannon: what do you make of the emotion that we have seen from casey this morning in court? >> i mean you can't trust anything you see from casey. there are times when she should be crying that she is not crying. times whistling she is crying, is is generally about her. but about halfway through the case we saw a shift in her behavior. obviously her lawyers have said listen your reaction doesn't make any sense here and people are watching you because all of a sudden she became emotional during the case. they were showing the video of her daughter abouts face morphing into a skull. when they were arguing its
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admissibility she was staring at it with her arms crossed and furious. as soon as the jury came in they played the exact same video that she just watched beginning to end and she cried like a baby. i don't give it any weight. the jury, you never know. >> shannon: the burden is on the prosecutors here and all it takes is one juror with enough reasonable doubt at least on the major charges and casey walks away from serious potentially capital punishment in this case. do you think that the defense has done a good ju enough job o plant at least enough doubt with one juror? >> i'm sorry, was that directed at me? >> yes, judge, that is for you? >> i don't think so to be honest with you. i think the state's case is very strong. the defense is going to get up there and say any time you have a question about anything, what her motive was or any of that stuff that is reasonable doubt and that is not true. the state cannot prove
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everything in the case. they only have to prove the elements ft crime and they will make that clear when they get up on rebut tal and talk about the elements of the crime are and how they have prove ten. they don't have to prove motive although i think they have suggested motive. what the prosecution is doing is presenting a chronological case because this is a very important case to lay out chronologically and they were showing this is what happened on the days leading up to caylee's disappearance, that is why you heard all of that behavior in that order. >> shannon: i want to bring back in bob massi a fox news legal analyst as well who spoke with us earlier. when we have a case that potentially involves the death penalty and we have a young woman sitting there in the courtroom, how do jurors deal with that? >> obviously they were qualified as a death penalty panel. they are in the mindset that based on voir korean peninsula questions asked that if the
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evidences meets that they will go ford with the respective evidence and make a decision. also, shannon if i may agree with much, of course, of what the judge says. let's remember what rebuttal evidence argument is by the d.a. the d.a. cannot rehash the argument again that they made at the beginning. it is exactly what it says. it is rebuttal. only to those things that the criminal defense lawyer presents in their closing so they -- although they will try, let me tell you, th to sort of bootstrap their closing argument from the beginning they are limited to what is said. baez argument at this point is a mitt gaik mitigation argumen. if he gets her off of the premeditated murder some will say it is a victory. but the d.a. will be limited in
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what they can say. >> shannon: judge, what do you make of her decision and/or her counselor's decision for her not to testify? >> that is the smartest thing they could do. i tried 1500 cases. of all of the criminal defendants that have taken the stand most get convicted and usually because of the fact they took the stand. they make the state's case better. they look so bad and get caught in lies. this it case i'm not so sure it was a great idea because there much so much promise to the jury at the beginning. they promised a defense that only casey to testify to. they already knew she was a liar and had prior convictions. in that regard she didn't have as far to fall as the typical defendant. i'm not so sure it was a great idea but i can see where the prosecution was going to rip her apart. this was a tough call because of the opening statements made. >> shannon: a lot of people thought we were going to get a lot of different evidence based
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on the claims that her attorney laid out in the opening. is it better to underpromise and overdeliver or in this case raise questions at least among the jury you have to imagine as to why they didn't hear more about the claims that he made in the opening? >> absolely. and mr. mass aismed i' i i'm sl agree would never have made that opening statement. the exception to the rule is that the prosecution can comment in closing argument on the defense's failure or at least the complete absence of any evidence of what was promised in opening when the defense gets up there and opens the door by saying this is what you are going to hear which is exactly what they did. typically you keep it vague unless you know you have that evidence to present and then you have options available. you can argue reasonable doubt, the lack of evidence, conflicts in the evidence, things like that. he didn't do that. and as a result we got to hear ashton raise that fact and probably we'ller that again in rebut tal. >> shannon: and when you refer
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to ashton you are talking about the prosecutor there. right now we are minutes away from the casey anthony trial being back in session. they are on a lunch break that we expect to wrap up soon. the defense started its closing argument when they returned from lunch. we expect the defense to pick up there. bob massi, i want to bring you ck in and ask you based on your work and your experience although juries are completely unpredictable. how long deliberation do you think they will make here. we are talking about a holiday and people sequestered, any idea on how long they could take? >> it would be mere speculation. i don't think the fact it as holiday is relevant to these people. i think they recognize regardless of how despicable that the defendant may be and the tragedy of this beautiful little girl being gone they going to weigh the evidence and that is their job be and what they are charged to do. the most important part of their job now begins.
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they had to sit back and listen for the last four or five weeks. the interesting part will be the following, who is the jury foreperson. that is a very important role. most of the time what will happ whether civil cases or jury cases and i try mostly civil cases, particularly in criminal cases they will take a poll immediately and go in and sometimes just say where are we with this thing, what is going on. the interesting part again will be and i don't know what the policy is in florida and i would yield to the judge on this, sometimes they have a re-read where if they are in a dispute on factual issues they will say we want to hear some evidence again and i suspect that florida like most jurisdictions would allow that where they have to go back into the courtroom and literallyster to have re-read a particular testimony. sometimes that is telling but i got to tell you ife were all smart enough to figure out a jury and how long they would ta we would probably be doing something different. >> shannon: yeah, we should lotteryying some botanistsry
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tickets. judge, how does it work in florida? >> works exactly as mr. massi said. they are not allowed to get a transcript to take back to the jury room. if they say we would like to read the testimony of let's say the detective, the lead detective, the judge will advise them you can't have the transcript but we will bring you out and read you the testimony. sometimes they ask for a particular part. but usually the lawyers say no, judge, we want the whole testimony read and if that is requested that is what is done. the only time you read a small portion of is if both sides agree. they will be brought out and the testimony will be read from the detective on that occasion on the stand completely to the jury just as mr. massi stated. >> and shannon -- i'm sorry. >> shannon: i have a quick question for the judge because i'm curious and should remember this from the florida bar exam but that was a long time ago. what is the reasoning behind not letting them have the transcript in their own hands? what are the concern there's as
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opposed to bringing them all back into roo court and makinge testimony read back in court. >> you don't know that everybody is going read it. one may read it and summarize for everybody else what was said. that was the concerns i had about the whole idea of opening the can that they called the can of death and passing it around. i guarantee there are some jurors there no are not going to inhale that smell and some jurors made chent that definitely smells like death. you have some jurors who never got to see the evidence so with the transcript you run the possibility that everybody is not going to sit there and read the transcript and pass it around the room across 12 jurors to you read it to all of them and they all heard it. >> shannon: we are waiting for the jury to be back and the court to return to session so the defense can continue the closing arguments it began. bob, what does it do to the defense to break up in the middle of their closing argument and take a luncheon p break?
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>> i think it was a perfect time because if you remember he sort of yielded to the judge, judge, this is a good time to break. and they regroup and go to lunch and talk about it and how do you think it is going and try to emphasize again some points and go back and retract again and add to things of that nature. the other thing, shannon, i wanted to point out, i'm assuming the jurors had know the pads and they took notes while in the jury box. those notes are not evidence and when they go into the jury room sometime whas happens is if you and i are jurors i write down one thing that that witness said and somebody else writes down watt witness said and that is many times when the re-read occurs because the notes that were taken, for example, people hear different things. that is why the pool of people anthe judge has much more experience of sitting and listening to juries. there is never 12 more smarter people in the world now than these people. amaze wag they pick on and what
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that he make their decisions on. no matter how prepared the lawyers are i will guarantee they will pick up on a few items or issues that no lawyer will figure they would piece together the way they did. that is the miraclous part of this system. >> shannon: and something interesting that they got in this case, casey anthony's family, her parents in the courtroom. as far as i could see, for the majority of the case. and it is interesting because a lot of times people who are going to be witnesses the or involved in a case can't sit in the courtroom but this presented a little bit different of a situation. >> it does because florida allows victims the right to be present in court. in this situation they were able to be present throughout the entire trial and that is something that can be brought up during closing arguments. you hear buy zenaid baez sayint here and heard all of the testimony and said the opposite. it can be wrowt u brought up br
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party. he was in the courtroom and able to hear everybody's testimony and if he choose to he could have fashioned that testimony with that knowledge. just part of the risk and reality if a witness is allowed to go outside of the rule of sequestration is flip side is the lawyers can comment on that fact and how it might affect their testimony. >> shannon: judge alex and bob massi, if you will stick around, we are now just waiting for the casey anthony trial to resume in orlando, florida. they are about ten minutes late coming back from lunch. we will take a quick break and take you back there live, when we return. rthritis rthritis could be another day you're living with joint damage. help stop the damage before it stops you by asking your rheumatologist about humira. for many adult patients with moderate to severe rheumatoid arthritis
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tempurpedic, the most highly recommended bed in america. >> shannon: this is a fox news alert. we are awaiting the casey anthony trial. to get back in session. they have bee on a lunch break. they where 14-15 minutes later than we expected them to come back. you are looking live at the courtroom as we now wait. the defense was in the middle of its closing arguments. that will resume when the trial resumes. bring back in two of our finest legal minds to help us break this down, bob massi a fox news legal analyst and judge alex ferrer. gentlemen, thanks for both sticking around. judge, let me ask you, the delays that we had a couple of times over the break wrs issues have come up, unusual or par for the course? >> oh, no, it is not unusual at all. i mean, you know, the -- you have have the best plans in the world but something comes up, somebody it delayed, an issue
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that is raised. we saw a break where they were going over the demonstrative aids that baez wanted to use and the state had objections to them. those should have been done before trial but they weren't so thehad to be ruled on before he showed them to the jury. >> shannon: bob, looking at this from a defense perspective if casey anthony is convicted we expect an appeal. any flaws that the defense could use as a point for appeal? >> again, besides somebody like phil keating, judge, i haven't sat in there every day. any time there is exclusion of relevant evidence that the defense feels that the jury had the right to know or evidence that was admitd that the jury feels that the judge felt that they should have not seen or whatever that may be that was prejudicial many times that is a basis for appeal. i think the judge would know better than me in florida what kind of error there is going to
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be. is is tough. when you get a jury verdict, you know, shannon, it is difficult to reverse that. the courts don't like to touch the province of the jury, they heard this case. but if there is something like the eyes in the sky an appellate court, they look down and see was there something that was so given that was so harmful that denied this defendant due process of law that was s egrerious. this judge has been a pretty tough judge. >> shannon: and having been in the trial a little bit more and watching it first hand, any points you think would raise possibly for appea here? >> let me go over the points i most commonly hear people speaking about and tell you what i think about them. one i hear a lot is the police did not read her her miranda warnings before they interrogated her at universal. the problem is two fold.
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she took them to universal. she wasn't at the police station or under arrest. the question is was this is custodial setting because it was clearly in my mind an interrogation. they started by saying let's make sure we are clear you are re voluntarily because you want to explain to us why you brought us here and what is really going on. they laid the frame work for it being voluntary. secondly, everything she said in therethy was admitted into evidence is confirmed by the videotapes that are plad of her speaking to her parents from the jail. it is not like all of a sudden she gave some kind of blistering confession that the jury would never have heard had that not been admitted. that was basically cumulative of the story she stuck to with her parents. so those who say that is reversible error, i completely disagree. then you have the sniffer machine that they say is junk science and dr. voss should not have been smelling the air in
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the trunk with this machine and telling us it had signs of decomposition. i disagree. i think that it goes to the weight and not the admissibility to the evidence. the methodology he used is proven and accepted. the methods he used to determine the elements is proven and accepted for a long time. however, if you assume that is junk science and shouldn't have come in you still have so much overwhelming evidence of decomposition that baez is trying to pick apart now. all of the people who smell the the decomposition. police officers. two k-9 dogs, the police officer. the judge on the appellate court is likely to say if it was error it is harmless error. the one that comes closest to being a problem is the video that morphed into from caylee's case to a skull with tape over it. that is a 403 analysis. the question is does the prejudicial effect substantially outweigh the
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probative value. it is a shocking thing to see. however, the proative value was astronomical. they were able to show it and had to us oot skull. anybody could come in and say you used a picture of caylee when she was smaller so of course, it looks like it would cover her nose and mouth. by using the skull super imposed they showed the eye holes and nose matched and teeth matched so yes, the face picture that we are using of her smiling is consistent with her sizet the time that she died and now they took the tape and showd that one strand alone would cover nose and mouth. she was found with three overlapping strands. while it was prejudicial and certainly shocking, it was highly, highly probative because it showd that this tape certainly could have smothered caylee. the only problem i would have had with it was including casey in the picture. it was a picture of the two of them together and had casey's
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face turned sideways and smiling kind of like, yes, i killed my daughter, ha, ha, i'm smiling, i would have taken her out of the picture. i don't know if that is enough to create reversible error. >> shannon: the defense was in the midst of its closing arguments. we wait to get the signal they are back. meantime let's talk again with bob massi our fox news legal analyst. everybody is toe cussed on the first-degree murder premeditated murder charge that casey is facing but there are other charges as well. if the jury can't agree on the big one how likely is it in a situation like this they may come to a compromise on some lesser charges. >> we were talking earlier with the judge, shannon, that is where you get into the mitigating part of it and that is what baez is working on. you talk out the jury instruction about emotion. there is emotion all over tis courtroom. there is going to be emotion in the jury room. you cannot walk away from emotion even with the jury
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instruction because you take yourself as you find yourself in a jury room. saying that, that is probably where -- i mean to whatever extent the credibility we have been talking about as to what is in people's mind but if there is going to be a lay of the land where are there is going to be a fight that could be where it is at where you have some people say and that is why i think the judge's great explanation about the duct tape, that was impressive to me this morning on the closing. you three duct tapes. that to me was like slappin sls the face saying there was a premeditated act here not to just shut her up but to kill her. and then if there is enough evidence as it relates to mitigation that is where the rubber may meet the road between jurors where they say we were willing, we are capital murder qualified here in order to hear this case but we believe there is circumstances that mittty gai mitigate it ane we can't find it was premeditated. >> shannon: judge, i want to talk through some of these other charges with you and talk
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about the sentencing as well and how that could happen if convicted. the premeditated murder in the first-degree. felony murder with aggravated child aweus. aggravated manslaughter. aggravated child abuse separately. and lying to law enforcement offiers. what kind of penalties is she facing and who makes the sentencing decisions? >> the judge makes all of the sentencing decisions. it it is a first-degree murder conviction under felony murder or premeditated murder the death penalty is at play and the judge's sentencing decision is with the advice of the jury. the jury has to during the penalty phase make a recommendation as to whether they think the judge should sentence the defendant to life or death. if it is not, the jury has no impact at all on the sentencing and goes exclusively to the judge. if she gets convicted of first-degree murder and in the
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penalty phase the jury recommends life. at that point judge perry is not going to play around with trying to override the jury's recommendation. he will sentence her on the spot to life and that will be the end of it. if it comes down to first-degree murder and they recommend death, the judge then has to have a separate hearing called a spencer hearing for the attorneys to make additional argument and maybe submit additional evidence and then has to go ahead and write a sentencing order and sean and that comes back a little longer. second, she is facing up to life. come back with aggravated manslaughter, facing 30 years. aggravated child abuse i believe that is a second-degree in florida, up to 15 years. the lying to the police officer, she faces up to one year on each. any of these that she is convicted up she can get concurrent or consecutive sen tens so the one year for lying to the police officer could become four years if sentenced
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consecutively. >> shannon: in florida, i'm sure is there an automatic appeal if you receive the death sentence. has florida -- >> there is an automatic appeal in any criminal conviction. the difference being in a death penalty case the defendant gets an immediate appeal directly to the florida supreme court. they bypass the court of appeals and go right to the florida supreme court. >> shannon: sounds like a good idea that would save time and money for everybody involved in the appeals process. >> yes. >> shannon: bob, so far in what you have seen from the defense, we know that they will get their shot at continuing to follow up on the closing argument and you noted that the prosecution can't come back and retry the whole case. they can only address points and positions that the defense took in its closing arguements. anything you have seen so far that sticks out to you that maybe even right now the prosecutors are thinking this is the point that we go after and we are prepping for the rebuttal which, of course, is
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the final word sthvment. >> for me observing it this morning the pictures on the board impressed me. i don't know why george anthony's picture was remaining except to kind of point the pick fuhr. sometimes a picture is worth a thousand words and that goes on both sides because god knows there were horrible pictures of this beautiful little girl that was shown. assume nag whaassuming what hes accurate of those people that did not allegedly smell what was a decomposed body, i found that to be effective. again, a picture is worth a thousand words and all of a sudden you have these five or six people if it is true what he said and i'm assuming it is because otherwise there would be objections everywhere. that is reasonable doubt. the d.a. said wait, there was a piece of hair that was nine inches long and dna, there was a match here. the questions going to be that even though you have people that said it didn't
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smell like a decomposition, does the dna science and i always said in these kind of cases there is always the third witness in the cases of a circumstancial case and that is science. and science is the third witness in this case. yes, this is a lot of common sense and, yes, ts is a lot of life experiences but that science in this case will in fact have a piece in the decision-making. the one thing that i think the judge could answer this better than i could but i understand, shannon, there is a jury instruction that is going to be offered that, paraphrasing, that circumstancial evidence in some fashion can be treated as direct evidence. gun i would yield to the judge and -- gun i woul again i woulo the judge and maybe he could explain. >> shannon: what impact does it have on the jury's consideration? >> if the the circumstancial evidence instruction which is not a standard instruction in florida, it has to be
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specifically instructed and it is at the discretion of the judge. basically what it says is that a case can be proven by circumstancial evidence just as direct evidence. however, if there are two conclusions that can be equally drawn from the circumstancial evidence and the evidence does not eliminate every reasonable hypothesis of innocence then the defendant has to be found not guilty. what it doesn't mean, it does not mean that the defense can suggest hey it could have happened this way and then say there, i offered a way it could happen and thfer sh therefore o be found not guilty. the prosecution does not have to completely rebut every possible i scenario. all they have to do is put on contrant evidence that con contradicts the reasonableness of the defense. the defense position is, of course, she drown. the prosecution rebutted that by saying wait a minute, chilen who drown are not found with three strands of
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duct tape across their mouth. the jury can decide if they think the drowning theory is reasonable. >> shannon: know you have to get back into the courtroom. thank you very much. again, we are waiting for the trial to resume. casey anthony and the defense presenting its case in her favor. we will bring bob mass i-back in here. i want to talk about the issue of is sequestering a jury. how does that affect a jury? do they behave differently than if they get to go home every night? >> i'm sure they tried to keep the jury as occupied as they can because it is a captive life and jurors become friends and try to be as social as they can be. i'm sure they are biting at the bit and want to talk about the case. almost when they go into the jury they say thank god it i can say what has been on my mind for the last four weeks. that is why they are specially qualified and that is why, by
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the way, the lawyers thank the jury, you know, the sacrifice that they have made, all more the reason why they will not rush with this decision because they know now as the tryer of the fact that they have to take the evidence and put it to the law and make a decision. and many times once they are in that room one of the the things that comes up and i'm sure the judge would agree, and that is sometimes they don't understand jury instructions and when they don't they will send a note out to the bailiff that they need to talk to the judge or somebody needs to explain and the judge, for example, could take a note from the bailiff that a question is being asked. and then they go to the attorneys and let them know there is a question to be asked by sequestered jury. >> shannon: bob massi, thank you so much for helping us evaluate this as we now still wait for the trial to resume. we are waiting for that. we will bring it to you live as soon as t happens. they were due back from the lunch break 30inutes ago. when they come back the defense will